BILL NUMBER: AB 555	CHAPTERED  09/29/99

	CHAPTER   556
	FILED WITH SECRETARY OF STATE   SEPTEMBER 29, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 28, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 8, 1999
	PASSED THE SENATE   SEPTEMBER 7, 1999
	AMENDED IN SENATE   SEPTEMBER 7, 1999
	AMENDED IN SENATE   SEPTEMBER 2, 1999
	AMENDED IN SENATE   SEPTEMBER 1, 1999
	AMENDED IN SENATE   AUGUST 24, 1999
	AMENDED IN SENATE   AUGUST 18, 1999
	AMENDED IN SENATE   JUNE 22, 1999

INTRODUCED BY   Assembly Member Reyes
   (Coauthors:  Assembly Members Alquist, Cedillo, Ducheny,
Firebaugh, Honda, Jackson, Knox, Kuehl, Machado, Mazzoni, Robert
Pacheco, Soto, Steinberg, Thomson, and Wildman)
   (Coauthors:  Senators Baca, Escutia, Ortiz, Solis, and
Vasconcellos)

                        FEBRUARY 19, 1999

   An act to amend Section 1696.4 of the Labor Code, and to amend
Sections 31401 and 31404 of, and to add Sections 2429.5 and 31408 to,
the Vehicle Code, relating to vehicles, and declaring the urgency
thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 555, Reyes.  Farm labor vehicles.
   (1) Under existing law, all vehicles used by a farm labor
contractor, as defined, for the transportation of individuals in his
or her operation as a farm contractor, and not owned by that
contractor, are required to be registered with the Labor
Commissioner.
   This bill would expand the scope of this registration requirement
to include all farm labor vehicles used for the described purposes.
The bill would require the Labor Commissioner, commencing on April 1,
2000, to quarterly provide the Commissioner of the California
Highway Patrol with a listing of all registered vehicles.  The bill
would delete a requirement in existing law that a farm labor
contractor using a vehicle not owned by that contractor do so only on
a fixed fee basis and not upon a rental based upon a percentage of
that contractor's earnings.
   (2) Existing law requires the Department of the California Highway
Patrol to adopt regulations designed to promote the safe operation
of farm labor vehicles, as described, including, vehicular design,
equipment, passenger safety, and seating.  Existing law also
prohibits any person from driving any farm labor vehicle, as
described, unless there is displayed therein a specified certificate
issued by the department stating, among other things, that the
vehicle complies with applicable regulations relating to
construction, design, and equipment.
   This bill would impose upon the owner of the farm labor vehicle
and a farm labor contractor, under described circumstances, the
responsibility of these inspection requirements.  The bill would
prohibit the operation of a farm labor vehicle by the owner or the
farm labor contractor, under described circumstances, without the
issuance of the certificate.
   The bill would prohibit any person from operating a farm labor
vehicle on a highway unless both headlamps required under existing
law are lighted, regardless of the time of day.
   Because a violation of these provisions would be a crime, the bill
would impose a state-mandated local program.
   The bill would require the department, in cooperation with county
and local farm bureaus, to provide a program to educate growers and
farmers and farm labor vehicle owners and drivers regarding farm
labor vehicle certification requirements, including certification
requirements for farm labor vehicle drivers.
   (3) Existing law makes it a misdemeanor for any person to operate
a farm labor vehicle in violation of specified provisions of law
punishable by a $500 nonsuspendable fine if the violation was
willfully committed.
   This bill would increase the described fine for willful violations
to $1,000 and would additionally impose a $500 nonsuspendable fine
for each passenger in the vehicle not to exceed a total fine of
$5,000 for each violation.
   The bill would expand the definition of the specified crime to
include an owner or farm labor contractor who knowingly allows the
operation of a farm labor vehicle when the person should have known
of the violation, and thereby would impose a state-mandated local
program.
  (4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   (5) This bill would declare that it is to take effect immediately
as an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1696.4 of the Labor Code is amended to read:
   1696.4.  (a) All vehicles defined in Section 322 of the Vehicle
Code, including those described in Section 1696.3, used by a farm
labor contractor for the transportation of individuals in his or her
operations as a farm labor contractor, including, but not limited to,
vehicles not owned by that contractor, shall be registered with the
Labor Commissioner.  The registration shall include the name of the
owner and driver of the vehicle, and the license number and
description of the vehicle.  The Labor Commissioner shall require, as
a condition of registration, that the farm labor contractor submit
evidence showing that the contractor has in effect an insurance
policy applicable to the vehicle, as required by Section 1695.
   (b) Commencing on April 1, 2000, and quarterly thereafter, the
Labor Commissioner shall provide the Commissioner of the California
Highway Patrol with a list of all vehicles registered pursuant to
subdivision (a).
  SEC. 2.  Section 2429.5 is added to the Vehicle Code, to read:
   2429.5.  The department, in cooperation with county and local farm
bureaus, shall provide a program to educate growers and farmers and
farm labor vehicle owners and drivers regarding farm labor vehicle
certification requirements, including, but not limited to,
certification requirements for farm labor vehicle drivers.
  SEC. 3.  Section 31401 of the Vehicle Code is amended to read:
   31401.  (a) The department shall adopt regulations designed to
promote the safe operation of farm labor vehicles described in
Section 322, including, but not limited to, vehicular design,
equipment, passenger safety, and seating.
   (b) The department shall inspect every farm labor vehicle
described in Section 322 at least once annually to ascertain whether
its construction, design, and equipment comply with all provisions of
law.  No person shall drive any farm labor vehicle described in
Section 322 unless there is displayed therein a certificate issued by
the department stating that on a stated day, which shall be within
13 months of the date of operation, an authorized employee of the
department inspected the vehicle and found on the date of inspection
the vehicle complied with applicable regulations relating to
construction, design, and equipment.  The commissioner shall provide
by rule or regulation for the issuance and display of distinctive
inspection certificates.
   (c) The department may inspect any vehicle subject to these
regulations in maintenance facilities, terminals, labor camps, or
other private property of the vehicle owner or the farm labor
contractor to insure compliance with the provisions of this code and
regulations adopted pursuant to this section.
   (d) The owner of any farm labor vehicle or any farm labor
contractor, as defined in Section 1682 of the Labor Code, who rents a
farm labor vehicle or who otherwise uses a farm labor vehicle to
transport individuals is responsible for the inspection required
under subdivision (b).
   (e) An owner of any farm labor vehicle or any farm labor
contractor who operates a farm labor vehicle under the circumstances
described in subdivision (d) may not operate that vehicle unless the
vehicle has a current certificate described in subdivision (b).
   (f) It is unlawful to violate any provision of these regulations
or this section.
  SEC. 4.  Section 31404 of the Vehicle Code is amended to read:
   31404.  Any person who operates, or any owner or farm labor
contractor who knowingly allows the operation of, a farm labor
vehicle in violation of subdivision (b) or (d) of Section 31401 or
Section 31402  or 31403 is guilty of a misdemeanor.  When a person
has been convicted of willfully violating those provisions, the
person shall, in addition, be fined not less than  one thousand
dollars ($1,000) for each violation, and no part of the fine may be
suspended.  If passengers are in the vehicle at the time of the
violation, the person shall, in addition, be fined five hundred
dollars ($500) for each passenger, not to exceed a total of five
thousand dollars ($5,000) for each violation, and no part of this
fine may be suspended.  As used in this section, the terms "knowingly"
and "willfully" have the same meaning as prescribed in Section 7 of
the Penal Code.
  SEC. 5.  Section 31408 is added to the Vehicle Code, to read:
   31408.  No person may operate a farm labor vehicle on a highway
unless both headlamps required under Section 24400 are lighted,
regardless of the time of day.
  SEC. 6.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
  SEC. 7.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order for the provisions enhancing farm labor vehicle safety to
take effect at the earliest possible time, it is necessary that this
act take effect immediately.
